Citation : 2025 Latest Caselaw 3067 MP
Judgement Date : 20 January, 2025
1 CRA-10991-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 10991 of 2024
(SITARAM @ MUNNA DHOBI Vs THE STATE OF MADHYA PRADESH )
Dated : 20-01-2025
Shri S.K. Patel - Advocate for appellant.
Miss Hemlata Kshatriya - Panel Lawyer for respondent/State.
Appeal is admitted for the hearing.
Heard on I.A. No.26104/2024, which is an application under Section 389(1) of the Code of Criminal Procedure filed on behalf of appellant for
suspension of sentence and grant of bail.
This appeal is filed by the appellant being aggrieved of the judgment dated 13.09.2024 passed by the learned I Additional Sessions Judge, District- Panna (M.P.) in ST No.23/2020 whereby appellant has been convicted for the offence punishable under Section 201 of Indian Penal Code and sentenced to undergo R.I. for 03 years along with fine of Rs.2,000/- with default stipulation.
Learned counsel for the appellant submits that as per Para -75 of the impugned judgment, it has been brought that from the possession of the
applicant, Adhaar Card of deceased and fire arm have been recovered. He further submits that trial will take time to be concluded and there are chances that the appellant be acquitted in appeal. Hence, the jail sentence be suspended.
Learned counsel for the respondent/State submits that there is cogent evidence and the trial Court after due appreciation has convicted the
2 CRA-10991-2024 appellant. Hence the application cannot be allowed.
I have heard learned counsel for the parties and perused record of the case.
Looking to the facts and circumstance of the case, without commenting anything on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A No.26104/2024 is allowed.
Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Sitaram @ Munna is allowed and it is directed that he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to
appear before the concerning trial Court on 06.05.2025 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal. The trial Court shall not fix two dates in a year.
List the matter for final hearing in due course. Certified copy as per rules.
(DEVNARAYAN MISHRA) JUDGE
VB*
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